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Court points to 100-year-old document, says park commission can be sued over sledding death

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GRAND HAVEN, Michigan — A commission that oversees a park in western Michigan isn't immune to a lawsuit by the family of an 11-year-old boy who died while sledding.

Chance Nash of Nunica hit an obstruction at Duncan Park in Grand Haven and died in 2009. The Michigan appeals court said Friday that the Duncan Park Commission is not an arm of local government and isn't immune to a lawsuit.

The court overturned a decision by an Ottawa County judge. The appeals court says a 100-year-old document created a trust to convey the park to trustees, not to the city of Grand Haven.

The court says the park actually is private land, and Grand Haven doesn't make rules for it or maintain it.

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